IRP/RP to take new GST registration post-appointment by 30th June 2020



Quick Summary
Interim Resolution Professionals (IRP) and Resolution Professionals (RP) are now required to obtain a new Goods and Services Tax (GST) registration. This new registration will be treated as a distinct entity from the corporate debtor. The deadline for this new registration is within 30 days of their appointment or by 30th June 2020, whichever is later.

NOTIFICATION
New Delhi, the 5th May, 2020
No. 39/2020–Central Tax

G.S.R. 273(E).—In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Government, on the recommendations of the Council, hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.11/2020- Central Tax, dated the 21st March, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 194(E), dated the 21st March, 2020, namely:

4 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] In the said notification

(i) in the first paragraph, the following proviso shall be inserted, namely: 

"Provided that the said class of persons shall not include those corporate debtors who have furnished the statements under section 37 and the returns under section 39 of the said Act for all the tax periods prior to the appointment of IRP/RP."

(ii) for the paragraph 2, with effect from the 21st March, 2020, the following paragraph shall be substituted, namely: -

"2. Registration.- The said class of persons shall, with effect from the date of appointment of IRP / RP, be treated as a distinct person of the corporate debtor, and shall be liable to take a new registration (hereinafter referred to as the new registration)in each of the States or Union territories where the corporate debtor was registered earlier, within thirty days of the appointment of the IRP/RP or by 30th June, 2020, whichever is later:."

[F. No. CBEC-20/06/04/2020-GST]
PRAMOD KUMAR, Director

Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 11/2020-Central Tax, dated the 21st March, 2020, published vide number G.S.R. 194(E), dated the 21st March, 2020.

FAQ :

Interim Resolution Professionals (IRP) and Resolution Professionals (RP) appointed under the Insolvency and Bankruptcy Code need to obtain a new GST registration.

The new GST registration must be obtained within thirty days of the appointment of the IRP/RP, or by 30th June 2020, whichever is later.

The new registration will be treated as a distinct person from the corporate debtor.

The IRP/RP needs to take a new registration in each State or Union Territory where the corporate debtor was previously registered.

Corporate debtors who have already furnished statements under section 37 and returns under section 39 for all tax periods prior to the appointment of the IRP/RP are excluded.




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